KOFI OFORI vs. W. O. JOHNSON

RULING I begin this Ruling by quoting a passage from Luke Chapter 14 verses 28-29, of the Holy Bible, New International Version which states; “…Suppose one of you wants to build a tower. Will he not first sit down and estimate the cost to see if he has enough money to complete it? For if he lays the foundation and is not able to finish it, everyone who sees it will ridicule him, saying “this fellow began to build and was not able to finish” The Plaintiff, Kofi Ofori, brought the instant action against the Defendant, W.O Johnson, retired, on the 10th of March 2015 for declaration of title to land and other reliefs. After the Plaintiff had opened his case and called his witness who was cross examined by counsel for the Defendant, the Plaintiff brought the instant application for leave to discontinue the action with liberty to re-apply. The said motion was brought under Order 17 Rule 2(3) of the High Court (Civil Procedure) Rules C.I 47. In the accompanying affidavit in su...